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Issues Involved: Accusations under Sections 132 and 135 of the Customs Act, Bail Application, Non-cooperation of main accused, Statements under Section 108, Grant of bail, Conditions of bail
In this case, the applicant was accused of offenses under Sections 132 and 135 of the Customs Act for facilitating the clandestine removal of goods valued at a significant amount. The Customs Department alleged that the applicant was involved in the removal of RAMs and Memory Cards worth &8377; 68,97,500. The value of the goods was claimed to be in crores with an approximate Customs duty of &8377; 5 crore. The applicant's counsel argued that the main accused and the courier involved in the case had not been proceeded against, and the applicant had cooperated with the investigation by appearing before the authorities multiple times. It was also highlighted that other co-accused had been released due to the statutory period ending. The respondent opposed the bail application, emphasizing the seriousness of the offense and pointing to statements made under Section 108 by the applicant. It was noted that the investigation was incomplete as the main culprits, the importers, were absconding. The applicant had previously been granted interim anticipatory bail, which was later set aside by the Court. After considering the materials on record, the Court observed that the principal accused involved in clearing the goods had been named, although they were not cooperating with the investigation. The applicant had given a statement under Section 108, which he later retracted in a bail application. The Court acknowledged the gravity of the economic offense but also considered other factors as per Section 437 of the Cr. P.C. Despite the seriousness of the offense, the Court found that the applicant had cooperated in the investigation and had not been interrogated by the authorities even after being taken into custody. The Court granted bail to the applicant, directing him to furnish a personal bond and surety, surrender his passport, and not leave the country without the trial court's permission.
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